2006 Utah Code - 17A-2-759 — Establishment -- Limit as to costs -- Authorization -- Construction warrants -- Orders.

     17A-2-759.   Establishment -- Limit as to costs -- Authorization -- Construction warrants -- Orders.
     If the board determines in favor of the improvement it shall enter an order establishing the improvement district and shall list and plat lands included therein, and shall adopt plans for the proposed improvement, estimate the cost, and determine the number of equal annual installments, in which the cost of the improvement shall be paid; provided, however, that no local improvement, the cost of which will exceed $10,000 and be less than $25,000, may be undertaken unless such improvement is first authorized and ratified, in writing, by a majority of the landowners within the local improvement district; nor may any improvement the cost of which will exceed $25,000 be undertaken unless first authorized and ratified, in writing, by a two-thirds majority of the landowners within the local improvement district, and not then if protests, in writing, signed by landowners of the irrigation district having a majority of the votes according to the number of votes cast at the last election, be submitted within 30 days after completion of publication of notice of the proposed improvement, published as in Subsection 17A-2-751(2). The cost of such improvement shall be paid by the issuance of the warrants of the district, from time to time, therefor, either directly for the payment of the labor and material or for the securing of the funds for such purposes. The warrants shall bear interest at a rate of not to exceed 7% per annum, payable semiannually, and shall state upon their face that they are issued as warrants of the irrigation district for the benefit of the local improvement district within the irrigation district, that all lands within the local improvement district shall be primarily liable to assessment for the principal and interest of the warrants, and that such warrants are also a general obligation of the district. No warrant may be issued in denomination exceeding $500 and no warrant shall be sold for less than par. A copy of the order establishing any local improvement district, together with list and plat of lands included, certified by the chair and secretary, shall be filed in the office of the clerk of the county in which the lands are located and recorded in the office of the recorder of the same county.

Amended by Chapter 90, 2001 General Session